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Supreme Court of India 2020-11-03 dismissed

Biraji @ Brijraji & Anr vs Surya Pratap & Ors

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

Biraji and another appealed against High Court orders dismissing their suit for cancellation of a registered adoption deed. They claimed the adoption was false and sought to introduce new evidence after their case had closed. The Supreme Court held that without proper pleadings, evidence cannot cure a party's failure to raise issues at the outset. Since the adoption ceremony was mentioned in the deed itself—and thus known to the appellants when they filed suit—their belated attempt to summon records was improper. The Court found no merit in their conduct of attempting to protract proceedings, dismissing the appeal.

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Civil Procedure Pleadings Evidence Adoption Law Appellate Practice

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